HEALTHCARE BULLETIN. January 16, 2008 ALABAMA CON REVIEW BOARD UPDATE

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1 HEALTHCARE BULLETIN January 16, 2008 ALABAMA CON REVIEW BOARD UPDATE I. SHPDA ADMINISTRATIVE REPORT A. Contested Cases AL , Hillcrest Behavioral Health Services, Birmingham AL: Proposal to add fourteen (14) psychiatric beds. CON 2215-PSY issued 11/29/2007. B. AL , Brookwood Medical Center, Birmingham, AL: Proposal to convert fourteen (14) existing inpatient substance abuse beds to inpatient psychiatric beds. CON 2216-PSY issued 11/29/2007. C. AL , Southeast Alabama Medical Center, Dothan, AL: Proposal to renovate space, add fifty (50) new psychiatric beds, and convert nineteen (19) existing psychiatric beds to acute care beds. CON 2217-PSY issued 12/19/2007 The above three projects were placed on the agenda for informational purposes only. No vote is required because "the recommended order of the Administrative Law Judge becomes the final order of the Agency when no exceptions have been filed." No exceptions were filed. All three projects were approved. II. CERTIFICATE OF NEED PROGRAM A. AL , FMC Endeavour Dialysis Center; Huntsville, AL: Proposal to construct and operate a new fifteen (15) station ESRD facility in Madison County. Opposition: None

2 B. AL , Dothan Dialysis; Dothan, AL: Proposal to relocate and add six (6) Hemodialysis stations and three (3) Home Training Stations to be used alternately for both dialysis and peritoneal dialysis training. Opposition: None C. AL , Tuscaloosa Rehabilitation and Hand Center, Inc.; Northport, AL: Proposal to consolidate the existing physical therapy and occupational therapy services in one location. Opposition: None III. REVIEWABILITY DETERMINATIONS A. RV , Physicians Choice Dialysis of Jacksonville, LLC, requests to establish a ten station ESRD facility. Status: Non-Reviewable B. RV , Eight Mile Nursing and Rehabilitation, requests to provide outpatient single service physical therapy. Status: Non-Reviewable C. RV , Renal Treatment Centers-Southeast, LP d/b/a Renaissance Dialysis, requests to establish a ten (10) station dialysis facility consisting of nine (9) Hemodialysis Stations and one (1) Home Training Station to be used alternately for home hemodialysis training and home peritoneal dialysis training. Status: Non-Reviewable D. RV , Renal Treatment Centers-Southeast, LP d/b/a Muscle Shoals Dialysis, requests to establish a ten (10) station dialysis facility consisting of nine (9) Hemodialysis Stations and one (1) Home Training Station to be used alternately for home hemodialysis training and home peritoneal dialysis training. Status: Non- Reviewable E. RV , Southern. Springs Nursing Home, requests to provide outpatient physical therapy services. Status: Non-Reviewable F. RV , Wedowee Hospital Hospice, requests to add Clay, Cleburne, Chambers and Tallapoosa counties to their Randolph County service area. Status: Non-Reviewable IV. PENDING REVIEWABILITY DETERMINATIONS A. RV , Harrison Radiation Oncology, P.C., to install and operate a linear accelerator in the private office of Dr. Lowndes Harrison and Dr. Christopher Jahraus. Status:

3 B. RV , Valley Surgery Center, LLC, requests to become multispecialty Ambulatory Surgery Center. Status: Opposition: Florence Surgery Center and Eliza Coffee Memorial Hospital. Status: C. RV , USA Children's and Women's Hospital, requests to expand their existing Labor and Delivery Suite. Status: D. RV , Gentiva Health Services d/b/a Mid-South Home Health Agency, Inc., requests to apply for separate Medicare-enrollments for its offices located in Mobile, Pell City, Clanton, Jasper, and Cullman, which will continue to operate under their designated parent home health agencies. Status: E. RV , L.V. Stabler Memorial Hospital, requests to establish a Sleep Disorder Center. Status: F. RV , Turning Point Rehabilitation, LLC, requests to establish a social based residential drug and alcohol treatment. Status: Opposition: Bradford Health Services G. RV , Mobile Urology Group, P.A., requests to acquire a Varian Medical System which includes a High Energy Clinic IX Linear Accelerator with 120 multi-leaf collimator, On Board Imager, CBCT, Eclipse Treatment Planning System, and ARIA Oncology Information System to be installed in a physician's office. Status: H. RV , Omniflight Helicopters, Inc., requests to add an air ambulance, including emergency medical care, to its existing air ambulance services. The air ambulance would be based in Sylacauga, and would serve the area of Central Alabama, with a planned service area of approximately a 150 mile radius. Status:

4 I. RV , Omniflight Helicopters, Inc., requests to add an air ambulance service to its existing services to serve specialty needs of pediatric and neonatal patients of the Children's Health System in Jefferson County. Status: J. RV , Cherokee County Nursing Home, requests to add offices for the human resources department. Status: K. Rural exemption reviewability, Dale Medical Center, requests to add one operating room to the existing two operating rooms. Status: L. RV , Infirmary Hospice, requests to add Baldwin County to their service area. Status: M. RV , Rehab Associates d/b/a Champion Sports Medicine & Rehab Center-Pelham, requests to establish an outpatient physical therapy rehabilitation facility. Status: N. RV , Huntsville Endoscopy Center, Inc., requests to add one operating room to the existing single specialty free-standing Ambulatory Surgery Center. Status: O. RV , Children s Hospital/The University of Alabama Hospital, requests to relocate the Pediatric Kidney Transplant Surgical Component from University Hospital to Children s Hospital. Status: P. RV , Foundation North Mobile Retirement, LLC d/b/a North Mobile Retirement Center, requests to renovate space to obtain four additional resident rooms, two semi-private and two private with four additional baths. Status:

5 Q. RV , Greenbriar at the Altamont, LLC, requests to operate a physical therapy rehabilitation center on its campus. Status: V. NEW BUSINESS A. Declaratory Ruling 114: Eliza Coffee requests that the CON Board take jurisdiction over this matter and issue a declaratory ruling that Valley Surgery Center's proposal to offer nonophthalmological ambulatory surgery services is a new institutional health service subject to CON review pursuant to Ala. Code and SHPDA Rule (1)(d). Request is Granted B. Declaratory Ruling 115: Florence Surgery Center requests the CON Board issue a declaratory ruling that Valley Surgery Center's proposal to offer new non-ophthalmological ambulatory surgery services is a new institutional health service subject to the CON review, as required by Ala. Code and Rule Request is Granted VI. FOR INFORMATIONAL PURPOSES ONLY The next meeting will be Wednesday, February 20, 2008 at 10:00 a.m. at the RSA Union Purchasing Auditorium, 1st floor. H E A L T H C A R E C O N T A C T S BIRMINGHAM, AL Colin H. Luke [email protected] MONTGOMERY, AL Dorman Walker [email protected] The Alabama CON Review Board Update is published as an informational resource for clients and friends of Balch & Bingham, LLP. It does not contain legal advice, and is not a solicitation to perform legal services. No representation is made that the quality of legal services performed by Balch & Bingham LLP is greater than the quality of legal services performed by other lawyers. Design, logo, and content 2006, Balch & Bingham LLP